Edwards v Ghafari

Tenant wins · North York · 2024-12-13

Adjudicator

Melissa Anjema

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.G., B.T.

Tenant

L.E., L.K.

Landlord rep

Alireza Hesami

What happened

Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords issued an N12 notice indicating they intended to occupy the rental unit for personal use, and the Tenants vacated the unit as a result. However, the Landlords listed the unit for sale and then for rent within a year after the Tenants vacated, which triggered a presumption of bad faith under the Act.

The ruling

The Landlords served the N12 notice in bad faith, as they listed the rental unit for sale and rent within a year after the Tenants vacated, contrary to the requirements of the Act. The Landlords did not rebut the presumption of bad faith. The Tenants are awarded $11,741 for the rent differential they incurred for one year after vacating the unit.